STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.:
PETITIONER EB 420331-S
ORDER AND OPINION TERMINATING PROCEEDING FOR
On July 12, 1991, the above-named owner filed a petition for
administrative review of an order issued on July 1, 1991, by a
Rent Administrator concerning the housing accommodation known as
Apartment 6-D, 35 East 84th Street, New York, New York, wherein
the tenant's application for a rent reduction was denied.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition for review.
On February 18, 1990 the subject tenant filed an application for
a rent reduction based on the owner's alleged failure to maintain
service alleging defective windows.
On March 22, 1990, the owner interposed an answer to the tenant's
complaint wherein it alleged that the windows throughout the
building were being replaced.
On June 5 and June 6, 1991 a physical inspection of the subject
apartment was carried out by the Division of Housing and Com-
munity Renewal (DHCR). The inspector, in his report, noted that
he was unable to obtain access to the apartment on both occa-
On July 1, 1991, the Rent Administrator issued the order here
under review, finding that the tenant had failed to provide
access to the apartment, denying the application, and terminating
In his petition for administrative review the tenant states,
inter alia "If inspection was solely to confirm new windows, we
have no objection to the order."
After careful consideration the Commissioner is of the opinion
that this proceeding should be terminated as there no longer
exists any issue or controversy to be resolved herein.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this proceeding be, and the same hereby i , termi-